Read the full judgment text of FCMC 8912/2009 on BabelCite. This Family Court judgment was delivered on 23 February 2012 before 區域法院法官陳忠基.
Child welfare – Relocation application – Custody – Visitation – District Court – Wife (Ke) applied to take son to Fujian; Husband (Xie) applied to change custody. Court applied principles from Court of Appeal regarding relocation: child's welfare paramount, genuine reason vs severing relationship. Wife's application genuine (economic hardship, new family). Husband's opposition concerned welfare but also financial dispute. Son (6) lived with mother for 4 of last 6 years. Mother primary caregiver. Court granted wife's application, dismissed husband's. Visitation: monthly HK visits, half holidays. SWD report by 31 July 2012, review 15 August 2012. No costs.
Legal issues: Wife's Relocation Application · Husband's Custody Change Application · Principles for Relocation
Outcome: Wife's application to take son to Fujian granted; Husband's application to change custody dismissed.
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